Chapter

The Right to Free Elections

Bernadette Rainey, Elizabeth Wicks and Clare Ovey

in Jacobs, White & Ovey: The European Convention on Human Rights

Sixth edition

Published on behalf of © Bernadette Rainey, Elizabeth Wicks, and Clare Ovey 2014

Published in print June 2014 | ISBN: 9780199655083
Published online September 2014 | e-ISBN: 9780191784606 | DOI: http://dx.doi.org/10.1093/he/9780199655083.003.0022
The Right to Free Elections

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This chapter examines the protection of the right to free elections in the European Convention on Human Rights (ECHR). It discusses the provisions of Article 3 of Protocol and highlights the increasing number of complaints of violations of this Article, which indicates that the Strasbourg Court is giving fresh emphasis to this provision as essential to the foundations of democratic legitimacy of the State. The chapter also mentions that a case-law is developing on the nature of the legislature on the control of elections, on the circumstances in which individuals can be disenfranchised, and on the right to stand for election.

Keywords: free elections; ECHR; Article 3; Strasbourg Court; democratic legitimacy; case-law; control of elections

Chapter.  11009 words. 

Subjects: Human Rights and Immigration

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